Bombay High Court Upholds Right to Sleep, Slams ED for Midnight Questioning

GG News Bureau
Mumbai, 16th April. The Bombay High Court, in a significant ruling on Monday, emphasized that the right to sleep is a fundamental human necessity that cannot be violated, rebuking the Enforcement Directorate (ED) for interrogating a senior citizen during the late hours in a money laundering case.

A division bench comprising Justices Revati Mohite-Dere and Manjusha Deshpande issued the directive while hearing a plea filed by 64-year-old Ram Issrani challenging his arrest by the probe agency.

The court denounced the practice of questioning individuals post-midnight, stressing that statements should be recorded during reasonable hours when cognitive abilities are not compromised. The bench dismissed Issrani’s petition but expressed disapproval of the ED’s conduct in interrogating him through the night.

According to Issrani’s plea, he was questioned by ED officials until 3 am, following which he was arrested the next day, despite his cooperation with the investigation and compliance with previous summonses.

The bench underscored the adverse effects of sleep deprivation on a person’s health and mental faculties, emphasizing that individuals summoned for questioning should not be deprived of their basic human right to sleep beyond reasonable hours.

Notably, the court highlighted that the investigating agency should refrain from summoning individuals for questioning during late hours unless there are compelling reasons to justify such action.

Furthermore, the bench directed the ED to issue guidelines regarding the timing of statement recording when summons are issued, emphasizing the importance of respecting individuals’ right to sleep.

The ruling serves as a reminder of the significance of upholding fundamental human rights even in the context of criminal investigations, reaffirming the judiciary’s commitment to safeguarding individual liberties.